Opinion
No. 89,364
March 19, 1998 Rehearing Denied May 13, 1998
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Fifth District — Case No. 94-2765 (Osceola County).
Joseph A. Frein, Orlando, Florida, for Petitioner.
Robert A. Butterworth, Attorney General and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, Florida, for Respondent.
We have for review Albritton v. State, 681 So.2d 759 (Fla. 5th DCA 1996), which conflicts with this Court's recent opinion in King v. State, 681 So.2d 1136 (Fla. 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
In King, we held that where a trial judge determines that a defendant qualifies as a habitual offender but imposes a non-habitual offender sentence of imprisonment followed by probation, upon a subsequent violation of probation by the defendant, the trial judge on resentencing may not impose a habitual offender sentence. 681 So.2d at 1141. Under Rule 3.701(d)(14) of the Florida Rules of Criminal Procedure, "[s]entences imposed after revocation of probation or community control must be in accordance with the [sentencing] guidelines." Accordingly, we quash the decision below and remand for proceedings consistent with our opinion in King.
It is so ordered.
KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.